An Oregon sublease agreement allows a tenant (or “sublessor”) to rent part or all of their rental property to another person (or “subtenant”) for a set period. All tenants must receive permission from their landlord before they’re allowed to sublet a rental property in Oregon.
Subletting can be an excellent way to cut the cost of renting or help you ensure that your rental property remains occupied while you’re away.
As a sublessor, you must honor the terms of the sublease agreement and the original lease and follow all Oregon laws regarding the eviction process, security deposits, and other landlord-tenant matters.
Laws & Requirements
Sublease and Assignment Provision Laws: Oregon Revised Statutes 90.555
Landlord-Tenant Laws: ORS, Chapter 90 (Residential Landlord and Tenant)
Security Deposit Obligations: A sublessor must return the security deposit to the subtenant within 31 days of the end of the sublease. If the sublessor withholds any of the security deposit for damages, they must present an itemized list.
Notices: If a subtenant hasn’t paid rent on time, a sublessor must give three days’ written notice for the subtenant to pay rent or leave. The sublessor must also provide 30 days’ written notice of their intent not to renew the sublease or the original lease.
Permission to Sublet
- Laws: Oregon law does not regulate tenants’ rights to sublet. Sublet arrangements depend on the terms specified in the original lease. [1]
- Explicit Permission: If the lease does not mention subletting, written permission can be obtained from the landlord.
- Landlord’s Right to Refuse: A landlord has the legal right to refuse a subtenant before giving consent.
Tax Obligations
Lodging Taxes
Short-term rentals in Oregon, defined as rentals for 30 consecutive days or less, are subject to various taxes. The state imposes both a state lodging tax and local lodging taxes on these rentals.
Oregon imposes a state lodging tax of 1.5% on the gross receipts from short-term rentals. This includes charges for accommodations and any additional fees such as cleaning or pet fees.
Local municipalities in Oregon can impose their own lodging taxes on top of the state lodging tax. These local taxes vary by city. For example: Portland imposes a lodging tax of 11.5%, Bend imposes a lodging tax of 10.4%., and Eugene imposes a lodging tax of 4.5%.
Making Payments
Hosts must register with the Oregon Department of Revenue to collect and remit these taxes.
Platforms like Airbnb often handle the collection and remittance of these taxes on behalf of hosts. However, it is crucial for hosts to verify that all applicable taxes are being collected and remitted correctly to ensure compliance with state and local regulations.
Sample
Below, you can download an Oregon sublease agreement template in PDF or Word format:
Related Documents
Rental Application
Evaluate whether a prospective subtenant meets the subletting criteria for the property.
